8. MOTION AGENDA

 (a) Receive, File and Adopt the 2015 Tax Budget for the City of Middletown

Why are we approving the 2015  Budget of Miss Judy when we are going to have a new City Manager?
Has Mr. Adkin's approved this budget and does he agree with this plan?

EXHIBIT “A”

EMPLOYMENTAGREEMENT

ThisEmployment Agreement (hereinafter “Agreement” or “Contract”) is entered intothis

_______day of _______________, 2014 by and between the City of Middletown, One Donham Plaza,Middletown, Ohio 45042, a chartered municipal corporation organized under thelaws of the State of Ohio, (hereinafter “City”) and Douglas D. Adkins(hereinafter “Adkins”).

WHEREAS,the Charter of the City vests the administrative powers of government in the positionof City Manager; and

WHEREAS,the City desires to employ Adkins to serve as the City Manager of the City; and

WHEREAS,both parties desire to express their mutual intent to commit to a continuing employmentrelationship, in accordance with the parameters of the City Charter;

NOW,THEREFORE, the parties enter into this Agreement in exchange for and in considerationof the mutual promises and covenants contained herein.

SECTIONI – EMPLOYMENT

A.The City employs Adkins on the terms and conditions stated below to act as City Managerfor the City of Middletown. Adkinsshall satisfactorily perform the duties of CityManager as more fully described in Article III, Section 3 of the Charter of theCity of Middletown, Ohio. (“Powers and Duties of City Manager”).

B.Except as otherwise provided herein, Adkins shall devote his full time toconducting the business of the City and shall not directly or indirectly,during his employment, engage in any activity adverse to the City’s business orwelfare, whether alone or as a partner, officer, director, manager, advisor,agent, or investor in any corporation, partnership, joint venture, associationor other entity. Adkins shall act in compliance with the reasonable and lawfuldirection of City Council and in accordance with the City Charter.

C.Adkins’ hours of work shall be governed by the applicable provisions of Cityordinance governing hours of work and the Policy and Procedure Manual of theCity.

SECTIONII – TERM OF EMPLOYMENT

Theterm of employment shall begin on July 22, 2014, and shall continue untilterminated by: 1) the mutual agreement of the parties; or, 2) action by CityCouncil in accordance with Article III, Section 4 of the Charter of the City ofMiddletown (“Removal of City Manager”); or, 3) written notice from Adkins ofhis intent to terminate this Agreement given not less than sixty (60) days, ofwhich no more than thirty (30) days may be vacation or holidays; or, 4) Adkins’death or disability, rendering him unable to perform his duties under thiscontract for a period of one hundred and twenty (120) consecutive calendar days(subject to the applicable state and federal laws).

IfAdkins is terminated in accordance with subsection 2 above, the City willcontinue coverage under the City health insurance plan for three (3) monthsfollowing the adoption of the preliminary resolution for his removal so long asAdkins pays the employee contribution required by City ordinance, in additionto the compensation required by the City Charter.

SECTIONIII – COMPENSATION

Inconsideration of the services rendered under this Agreement, the City shall payAdkins as follows:

a).Effective July 22, 2014, abase salary of one hundred and fifteen thousand dollars ($115,000.00).Effective July 22, 2015, abase salary of one hundred and twenty-five thousanddollars ($125,000.00). Effective July 22, 2016, and each year after, Adkinsshall beeligible for a merit based salary increase, at the sole discretion of CityCouncil, based oncompletion of performance objectives as set by City Council.

b).In addition to this base salary, the City shall, during the term of thisAgreement, payan amount equal to two percent (2%) of Adkins’ base salary into the Ohio Public EmployeesDeferred Compensation Program.

SECTIONIV- BENEFITS

Duringthe term of this Agreement, Adkins shall be entitled to such benefits as areprovided by the applicable ordinances of the City of Middletownand the Policy and Procedure Manual, except as specifically provided herein.

a).Car allowance. In lieu of the allowance provided in the City ordinance, theCity shallpay Adkins a monthly car allowance of four hundred and fifty dollars ($450.00)to beused to purchase, lease, own, operate and maintain a personal vehicle. Adkinsshall be responsiblefor all expenses for such vehicle, including, but not limited to, maintenance andinsurance. The City reserves the right to require Adkins to drive a City-owned

vehiclein lieu of this allowance.

b).Moving Expenses. The City will pay Adkins the amount of Twelve thousand dollars($12,000.00) for expenses incurred in relocating his residence to Middletown.

Adkinsshall begin to reside within the City on or before December 1, 2014 and shall continueto reside within the City during his tenure of office, as required by ArticleIII, Section2 of the Charter of the City of Middletown(“Qualifications of City Manager”).

SECTIONV – ENTIRE AGREEMENT

Thiscontract constitutes the entire agreement between the parties. The partiesagree that no other promises or inducements have been made unless contained inwriting, attached or incorporated by reference into this Agreement.

SECTIONVI – APPLICABLE LAW

ThisAgreement and any amendments hereto shall be governed by and construed inaccordance with the laws of the State of Ohio.

INWITNESS WHEREOF, the parties have executed this Agreement on the date firstwritten above.

CITYOF MIDDLETOWN

By:__________________________ ___________________________

LawrenceMulligan, Jr. Mayor Douglas D. Adkins

___________________________

JosephMulligan, Vice Mayor

_____________________________

AnitaScott-Jones, Council Member

___________________________

DoraBronston, Council Member

___________________________

DanPicard, Council Member

ATTEST:

______________________________

AmySchenck, Clerk of City Council

APPROVEDAS TO FORM:

______________________________

LeslieS. Landen, Law Director

MIDDLETOWN CITY COUNCILAGENDA

TUESDAY, June 17, 2014

BUSINESS MEETING-5:30 pm – COUNCIL CHAMBERS – LOWER LEVEL

1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG

2. ROLL CALL

3. PRESENTATION- 125TH Anniversary of American Savings Bank

4. PUBLIC HEARINGS

Zoning Map Amendment

 2015 Tax Budget forthe City of Middletown

5. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS

6. CITY MANAGER REPORTS

7. CONSENT AGENDA. . . Matters listed under the ConsentAgenda are considered to be routine and will be enacted by one motion and onevote of consent. There will be no

separate discussion of these items. If discussion isdesired, that item will be removed

and considered separately.

(a) Approve City Council Minutes: June 3, 2014

(b) Receive and File Board & Commission Minutes:

Board of Health – April 8, 2014

MidPointe Library Board – April 15, 2014

Board of Zoning Appeals- May 7, 2014

(c) Receive and File Oaths of Office- Matthew Back, MatthewRomero, Mark Charles,

Rebecca Davidson and Matthew Kinder

(d) Receive and File Final Assessments for the Lefferson Road Improvements

8. MOTION AGENDA

 (a) Receive, File andAdopt the 2015 Tax Budget for the City of Middletown

 (b) Approve a ChangeOrder #3 and appropriate the funds for the Miami Packaging

contract with Cardno ATC in the amount of $18,990.00.

 9. COUNCIL COMMENTS

LEGISLATION

1. Ordinance No. O2014-26, an ordinance establishing aprocedure for and authorizing a

contract with Perfection Group, Inc. for capital repairs andupgrades at the Water

Treatment Plant and Wastewater Treatment Plant. (2nd

 Reading) 

2. Ordinance No. O2014-27, an ordinance providing for theissuance and sale of bonds in

the maximum aggregate principal amount of $950,000 for thepurpose of paying the

costs of improving the waste water treatment system byrenovating, installing,

furnishing, equipping and otherwise improving treatmentfacilities, including installing

energy efficiency improvements, together with any necessaryappurtenances thereto.

(2nd Reading)

3. Ordinance No. O2014-28, an ordinance providing for theissuance and sale of bonds in

the maximum aggregate principal amount of $3,500,000 for thepurpose of paying the

costs of improving the water treatment system by renovating,installing, furnishing,

equipping and otherwise improving treatment facilities,including installing energy

efficiency improvements, together with any necessaryappurtenances thereto. (2nd

Reading)

4. Resolution No. R2014-18, a resolution authorizing anemployment agreement with

Douglas D. Adkins to serve as City Manager of the City of Middletownand declaring an

emergency.

5. Resolution No. R2014-19, a resolution to make adjustmentsto appropriations for

current expenses and other expenditures of the City of Middletown,Counties of Butler

and Warren,State of Ohio, for the periodending December 31, 2014and declaring an

emergency. (Wellfield Protection Fund)

6. Ordinance No. O2014-29, an ordinance levying specialassessments for the

improvement of Lefferson Roadand South Marshall Road eastof Breiel Boulevard to

Cincinnati–Dayton Roadand declaring an emergency. (No action requested until the July

1st meeting)

7. Ordinance No. O2014-30, an ordinance repealing Chapter283 (Golf Course

Commission) of the Codified Ordinances. (1st Reading)

8. Ordinance No. O2014-31, an ordinance establishing aprocedure for and authorizing a

third amendment to the contract with ATC Associates forremediation of the Miami

Packaging Building.(1st Reading)

9. Resolution No. R2014-20, a resolution confirming therecommendation of the Planning

Commission and denying a zoning classification change of twotracts of land located on

Carmody Boulevardfrom I-1 (Industrial Park District) to C-2 (Roadside Commercial

District). (1st Reading)